NAKUL PATIDAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant writ petition, instituted under Article 226 of the Constitution of India, has been preferred by the petitioners, assailing the action of the respondents in declining their transfer to the TSP area, notwithstanding the circular dtd. 10/11/2014 and the office order dtd. 30/8/2018.

(2.) Briefly stating the facts of the case are that the petitioners, who are permanent residents of the TSP area, have jointly approached this Court to assail the inaction of the respondents in considering their candidature for transfer to the TSP region, though the grievance arises out of a common cause of action and stems from a common order, thereby warranting a joint writ petition to obviate multiplicity of proceedings.

(3.) Learned counsel for the petitioners submitted that the action of the respondents in denying the petitioners transfer to TSP areas, despite their being permanent residents of TSP regions, is arbitrary and violative of Article 14 of the Constitution of India. It is further submitted that similarly situated Constables have been granted the benefit of transfer pursuant to the notification dtd. 19/5/2018, while the petitioners alone are excluded without any reasonable basis. The classification adopted by the respondents neither has an intelligible differentia nor any rational nexus to the object sought to be achieved. Counsel furhter asserted that the petitioners have served for long in Non-TSP areas with utmost dedication and were entitled to consideration under the circulars dtd. 10/11/2014, 16/7/2018 and communication dtd. 30/8/2018. It is contended that the deliberate non-consideration of the petitioners claim amounts to discrimination and violation of principles of natural justice.